Case of the Idaho Tractor

In Twin Falls, Idaho, last August the great American issue of States' rights jumped out of the history books and came alive for Farmer William C. Hulbert.

Beset by the scarcity of farm labor and machinery, Farmer Hulbert needed a tractor. When Twin Falls County auctioned off a secondhand 1940 International (list price: $1,200), which had been used for weed control, he gladly made the winning bid of $1,050. As he was about to collect his prize the OPA tapped him on the shoulder, and said: if you pay a penny more than the OPA ceiling price of $723.56 for this model you will be guilty of violating the Price Control Act of 1942. Alarmed, Farmer Hulbert forthwith ceased and desisted. Promptly Twin Falls County sued him for the $1,050.

OPA stepped in to fight the suit for Farmer Hulbert. Argued the County: state law compels it to auction off public property to the highest and best bidder. OPA's action was a clear invasion of States' rights. Last week District Judge James W. Porter ruled otherwise. His reasoning: the Price Control Act is an emergency war measure. "The spirit of the Act would be violated, its purposes thwarted and its enforcement thrown into confusion by a holding that the Act does not cover the transactions of 48 state governments, thousands of counties, municipalities, school districts. . . ."

Twin Falls County prepared an appeal to Idaho's Supreme Court. Farmer Hulbert went serenely about his spring chores. Having deposited $1,050 with the district court, he has been using the tractor all through the legal fight.

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